04-11-2023 EDC Agenda PacketA.5:30 P.M. - CALL TO ORDER
B.OATH OF OFFICE
B.1 Economic Development Commission Appointment and Oath of Office
C.APPROVAL OF AGENDA
Commissioners may add or delete items at this time.
D.APPROVAL OF MINUTES
D.1 Approve Economic Development Commission Minutes of March 14, 2023.
E.VISITOR PRESENTATIONS
F.DISCUSSION / GENERAL BUSINESS ITEMS
F.1 Open Meeting Law Training
F.2 Review and Adopt Economic Development Commission Bylaws
F.3 Election of Chair & Vice Chair
G.DIRECTOR'S REPORT
H.ADJOURNMENT
AGENDA
CHANHASSEN ECONOMIC DEVELOPMENT COMMISSION
TUESDAY, APRIL 11, 2023
CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD
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Economic Development Commission Item
April 11, 2023
Subject Economic Development Commission Appointment and Oath of Office
Section OATH OF OFFICE Item No: B.1
Prepared By Kim Meuwissen, City Clerk File No:
SUMMARY
On March 13, 2023, the City Council reappointed Eric Anderson to the Economic Development
Commission for a three-year term ending March 31, 2026.
BACKGROUND
Per State Statute 358.0 5, the oath of office to be taken by members and officers of either branch of the
legislature shall be that prescribed by the Constitution of the State of Minnesota, Article IV, Section 8.
Every person elected or appointed to any other public office, including every official commissioner, or
member of any public board or body, before transacting any of the business or exercising any privilege
of such office, shall take and subscribe the oath defined in the Constitution of the state of Minnesota,
Article V, Section 6.
DISCUSSION
RECOMMENDATION
ATTACHMENTS
Eric Anderson Oath of Office
2
OITT O[ OHAI{IIASSTI'I
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
OATH OF OFFICE
I, Eric Anderson, do solemnly swear to support the Constitution of the United States, the
Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of
Economic Development Commissioner of the City of Chanhassen, Minnesota to the best of my
judgment and ability, so help me, God
Eric Anderson
Date: April 11,2023
STATE OF MINNESOTA
COLINTY OF CARVER
Subscribed and swom to before me this _ day of 2023
Notary Public
PH 952.227.1100 . www.ci.chanhassen.mn.us . FX 952.227.1110
)
(
)
SS
77OO l\lARKET BOULEVARD . PO BOX 147. CHANHASSEN . MINNESOTA 55317 3
Economic Development Commission Item
April 11, 2023
Subject Approve Economic Development Commission Minutes of March 14, 2023.
Section APPROVAL OF MINUTES Item No: D.1
Prepared By Amy Weidman, Admin Support Specialist File No:
SUMMARY
BACKGROUND
DISCUSSION
RECOMMENDATION
Staff recommends that the Economic Development Commission approve the March 14, 2023
Commission minutes.
ATTACHMENTS
03-14-2023 EDC Minutes
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CHANHASSEN ECONOMIC
DEVELOPMENT COMMISSION
REGULAR MEETING
MARCH 14, 2023
Chairman Anderson called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Chair Eric Anderson, Commissioners Duke Zurek, Stacy Goff, and
Chris Freeman.
MEMBERS ABSENT: Commissioner Luke Bame.
STAFF PRESENT: Laurie Hokkanen, City Manager; Samantha DiMaggio, Economic
Development Manager.
PUBLIC PRESENT: Three members of the public.
Member Goff moved, Member Freeman seconded to approve the agenda. All voted in
favor and the motion carried unanimously with a vote of 4 to 0.
APPROVAL OF MINUTES:
APPROVE ECONOMIC DEVELOPMENT COMMISSION MINUTES DATED
FEBRUARY 14, 2023
Member Freeman moved, Member Goff seconded to approve the Minutes of the Economic
Development Commission meeting dated February 14, 2023 as presented. All voted in favor
and the motion carried unanimously with a vote of 4 to 0.
DISCUSSION/GENERAL BUSINESS:
AVIENDA AND CHANHASSEN BLUFFS RECREATIONAL FACILITY—
DEVELOPMENT UPDATES
City Manager Hokkanen gave a presentation and update on the Avienda project, noting they
hope a grocer will be the first business in the development. She showed the location of the
recreational facility and noted it would be a public/private partnership, likely owned by the city,
with two sheets of ice. She explained funding and that the city is asking the legislature to give
permission to go to a referendum to approve a local sales tax. Over 20 years the sales tax is
projected to generate $40,000,000 and 45% of that tax would be paid by people who do not live
in Chanhassen. The impact of the local sales tax would be about $35/resident each year.
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Members inquired about any feedback from retailers regarding the higher tax, and how that
could sway consumers, especially on a bigger purchase. Ms. Hokkanen replied she would like
the EDC’s help in meeting with businesses and shared about a recent Buy Chanhassen lunch.
Economic Development Manager DiMaggio has a map of downtown businesses and suggested a
morning session or going door-to-door to talk with businesses. She noted a question she has
heard is why the city is not putting the hockey arena downtown and explained the city does not
have land control downtown. She clarified that the tax would only be on things that one would
already pay tax on now and would not be on clothes, for example.
A member of the public stated the city should be notified very early regarding the potential sales
tax. They should also talk about the benefit to the community, such as increased property values
and other potential positives.
Ms. Hokkanen highlighted the projects page of the city website, where information about the
project is published. A booth at the July 4 Celebration for project information and questions was
suggested.
Ms. Hokkanen continued her presentation, noting that within the 16-acre site there is room for a
hotel and there has been some interest in the Avienda project.
She shared about the City Campus project noting a facility study was done with an estimate of
$17-$18 million to complete the deferred maintenance in the current building (built in 1981) as
well as to make it more functional. The cost for a new building would be $22-$25 million and
the decision was made to pursue that option.
She walked the members through the preferred concept for City Hall with a classic downtown
feel. They hope to make the site a hub of activity including a splash pad, accessible playground,
performance space, and a type of park pavilion or rental space with permanent bathrooms. The
members discussed the importance of adequate parking within the project.
Ms. Hokkanen shared about keeping a skate park downtown and spoke about a question
regarding pickleball courts being moved. She stated whatever the city does at City Center will set
the tone for other redevelopment downtown.
The library space was brought up in regard to available space. Ms. Hokkanen replied the city
does sometimes utilize rooms at the library, however, they are typically very busy and people
utilize and reserve the rooms. She noted the city is looking at a heated sidewalk between City
Hall and the library to have good access between the two in the winter.
DIRECTOR’S REPORT:
BUSINESS RETENTION & EXPANSION (BR&E) PROGRAM FOLLOW-UP
Economic Development Manager DiMaggio shared that on December 14, 2022 the EDC
finalized the survey and expressed the importance of an online form for businesses within the
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city. A letter was drafted, signed by the Mayor and Ms. Hokkanen, and sent to 27 businesses
within the city which directed them to an online survey. One survey was returned, three
businesses were no longer in Chanhassen, and 23 did not respond. Ms. DiMaggio reached out to
Greater MSP and the Chamber for help in tracking down emails. She recently sent 13 emails and
received one response. She noted she had excellent discussions with the two manufacturers who
returned the surveys.
The commission is interested to know more about the businesses that left Chanhassen and how
the city can adjust before other businesses are driven to the same decision.
The next step by Ms. DiMaggio is to send the survey with a handwritten note asking for help and
feedback from businesses. The commission likes the personalization from Ms. DiMaggio and
expressed the importance of including the online link to the survey.
Ms. DiMaggio discussed businesses in town that she has met with recently, shared about a new
restaurant called Thaliwala, a retail and shopping center, and that she attended the Legislative
Commission. Ms. DiMaggio will be going to the Capitol to meet with Representative Rehm,
Senator Coleman, and Senator Pratt. She noted the following month the EDC will do the Oath of
Office for new members, approve bylaws, approve the election of officers, and have Open
Meeting training.
ADJOURNMENT:
Member Zurek moved, Member Freeman seconded, to adjourn the meeting. All voted in
favor and the motion carried unanimously with a vote of 4 to 0. The Economic
Development Commission meeting was adjourned at 7:04 p.m.
Submitted by Samantha DiMaggio
Community Development Manager
Prepared by Amy Weidman
Administrative Support Specialist
7
Economic Development Commission Item
April 11, 2023
Subject Open Meeting Law Training
Section DISCUSSION / GENERAL BUSINESS ITEMS Item No: F.1
Prepared By Sam DiMaggio, Economic Development Manager File No:
SUMMARY
The Open Meeting Law requires public bodies to follow certain rules when conducting business in
meetings. Staff will review the rules associated with Open Meeting Law.
BACKGROUND
The Open Meeting Law (Minnesota Statutes Chapter 13D) requires public bodies to meet in open
session unless otherwise permitted and provide meeting notices to the public. This law applies to both
state-level public bodies and local public bodies, such as county boards, city councils, and school
boards.
DISCUSSION
RECOMMENDATION
As this is a training, no formal action is required.
ATTACHMENTS
Open Meeting Law
8
CHAPTER 13D
OPEN MEETING LAW
DEFINITION.13D.001
MEETINGS MUST BE OPEN TO THE PUBLIC;
EXCEPTIONS.
13D.01
STATE ENTITY MEETINGS BY TELEPHONE OR
INTERACTIVE TECHNOLOGY.
13D.015
OTHER ENTITY MEETINGS BY INTERACTIVE
TECHNOLOGY.
13D.02
MEETINGS DURING PANDEMIC OR CHAPTER 12
EMERGENCY.
13D.021
CLOSED MEETINGS FOR LABOR NEGOTIATIONS
STRATEGY.
13D.03
NOTICE OF MEETINGS.13D.04
MEETINGS HAVING DATA CLASSIFIED AS NOT
PUBLIC.
13D.05
CIVIL FINES; FORFEITURE OF OFFICE; OTHER
REMEDIES.
13D.06
USE OF SOCIAL MEDIA.13D.065
CITATION.13D.07
OPEN MEETING LAW CODED ELSEWHERE.13D.08
13D.001 DEFINITION.
Subdivision 1.Applicability.For the purposes of this chapter, the term defined in this section has the
meaning given.
Subd. 2.Interactive technology."Interactive technology" means a device, software program, or other
application that allows individuals in different physical locations to see and hear one another.
History: 2021 c 14 s 1
13D.01 MEETINGS MUST BE OPEN TO THE PUBLIC; EXCEPTIONS.
Subdivision 1.In executive branch, local government.All meetings, including executive sessions,
must be open to the public
(a) of a state
(1) agency,
(2) board,
(3) commission, or
(4) department,
when required or permitted by law to transact public business in a meeting;
(b) of the governing body of a
(1) school district however organized,
(2) unorganized territory,
(3) county,
(4) statutory or home rule charter city,
(5) town, or
(6) other public body;
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(c) of any
(1) committee,
(2) subcommittee,
(3) board,
(4) department, or
(5) commission,
of a public body; and
(d) of the governing body or a committee of:
(1) a statewide public pension plan defined in section 356A.01, subdivision 24; or
(2) a local public pension plan governed by sections 424A.091 to 424A.096, or chapter 354A, or Laws
2013, chapter 111, article 5, sections 31 to 42.
Subd. 2.Exceptions.This chapter does not apply
(1) to meetings of the commissioner of corrections;
(2) to a state agency, board, or commission when it is exercising quasi-judicial functions involving
disciplinary proceedings; or
(3) as otherwise expressly provided by statute.
Subd. 3.Subject of and grounds for closed meeting.Before closing a meeting, a public body shall
state on the record the specific grounds permitting the meeting to be closed and describe the subject to be
discussed.
Subd. 4.Votes to be kept in journal or minutes.(a) The votes of the members of the state agency,
board, commission, or department; or of the governing body, committee, subcommittee, board, department,
or commission on an action taken in a meeting required by this section to be open to the public must be
recorded in a journal or minutes.
(b) The vote of each member must be recorded on each appropriation of money, except for payments
of judgments, claims, and amounts fixed by statute.
Subd. 5.Public access to journal and minutes.The journal or any minutes used to record votes of a
meeting subject to this chapter must be open to the public during all normal business hours where records
of the public body are kept.
Subd. 6.Public copy of members' materials.(a) In any meeting which under subdivisions 1, 2, 4, and
5, and section 13D.02 must be open to the public, at least one copy of any printed materials relating to the
agenda items of the meeting prepared or distributed by or at the direction of the governing body or its
employees and:
(1) distributed at the meeting to all members of the governing body;
(2) distributed before the meeting to all members; or
(3) available in the meeting room to all members;
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shall be available in the meeting room for inspection by the public while the governing body considers their
subject matter.
(b) This subdivision does not apply to materials classified by law as other than public as defined in
chapter 13, or to materials relating to the agenda items of a closed meeting held in accordance with the
procedures in section 13D.03 or other law permitting the closing of meetings.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975
c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s
2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 1Sp2001 c 10 art 4 s 1;
2010 c 359 art 12 s 3; 1Sp2011 c 8 art 8 s 2,14; 2013 c 111 art 5 s 4,80; 2021 c 14 s 2,3
13D.015 STATE ENTITY MEETINGS BY TELEPHONE OR INTERACTIVE TECHNOLOGY.
Subdivision 1.Application.This section applies to:
(1) a state agency, board, commission, or department, and a statewide public pension plan defined in
section 356A.01, subdivision 24; and
(2) a committee, subcommittee, board, department, or commission of an entity listed in clause (1).
Subd. 2.Conditions.An entity listed in subdivision 1 may conduct a meeting governed by this section
and section 13D.01, subdivisions 1, 2, 4, and 5, by telephone or interactive technology so long as the following
conditions are met:
(1) all members of the entity participating in the meeting, wherever their physical location, can hear one
another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting location of the entity can hear all discussion
and all votes of members of the entity and participate in testimony;
(3) at least one member of the entity is physically present at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's vote on each issue can be identified and
recorded.
Subd. 3.Quorum; participation.Each member of the entity participating in a meeting by telephone
or interactive technology is considered present at the meeting for purposes of determining a quorum and
participating in all proceedings.
Subd. 4.Monitoring from remote site.If telephone or interactive technology is used to conduct a
meeting, the entity, to the extent practical, shall allow a person to monitor the meeting electronically from
a remote location.
Subd. 5.Notice.If telephone or interactive technology is used to conduct a regular, special, or emergency
meeting, the entity shall provide notice of the regular meeting location, of the fact that some members may
participate by interactive technology, and of the provisions of subdivision 4. The timing and method of
providing notice is governed by section 13D.04. In addition, the entity must post the notice on its website
at least ten days before any regular meeting as defined in section 13D.04, subdivision 1.
History: 2009 c 80 s 1; 2012 c 290 s 63; 2021 c 14 s 4
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13D.02 OTHER ENTITY MEETINGS BY INTERACTIVE TECHNOLOGY.
Subdivision 1.Conditions.(a) A meeting governed by section 13D.01, subdivisions 1, 2, 4, and 5, and
this section may be conducted by interactive technology so long as:
(1) all members of the body participating in the meeting, wherever their physical location, can hear and
see one another and can hear and see all discussion and testimony presented at any location at which at least
one member is present;
(2) members of the public present at the regular meeting location of the body can hear and see all
discussion and testimony and all votes of members of the body;
(3) at least one member of the body is physically present at the regular meeting location;
(4) all votes are conducted by roll call so each member's vote on each issue can be identified and recorded;
and
(5) each location at which a member of the body is present is open and accessible to the public.
(b) A meeting satisfies the requirements of paragraph (a), although a member of the public body
participates from a location that is not open or accessible to the public, if the member has not participated
more than three times in a calendar year from a location that is not open or accessible to the public, and:
(1) the member is serving in the military and is at a required drill, deployed, or on active duty; or
(2) the member has been advised by a health care professional against being in a public place for personal
or family medical reasons. This clause only applies when a state of emergency has been declared under
section 12.31, and expires 60 days after the removal of the state of emergency.
Subd. 1a.Meeting exception.This section applies to meetings of entities described in section 13D.01,
subdivision 1, except meetings of:
(1) a state agency, board, commission, or department, and a statewide public pension plan defined in
section 356A.01, subdivision 24; and
(2) a committee, subcommittee, board, department, or commission of an entity listed in clause (1).
Subd. 2.Members are present for quorum; participation.Each member of a body participating in a
meeting by interactive technology is considered present at the meeting for purposes of determining a quorum
and participating in all proceedings.
Subd. 3.Monitoring from remote site.If interactive technology is used to conduct a meeting, to the
extent practical, a public body shall allow a person to monitor the meeting electronically from a remote
location.
Subd. 4.Notice of regular and all member locations.If interactive technology is used to conduct a
regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location
and notice of any location where a member of the public body will be participating in the meeting by
interactive technology, except for the locations of members participating pursuant to subdivision 1, paragraph
(b). The timing and method of providing notice must be as described in section 13D.04.
Subd. 5.MS 2020 [Repealed by amendment, 2021 c 14 s 5]
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Subd. 6.Record.The minutes for a meeting conducted under this section must reflect the names of any
members appearing by interactive technology and state the reason or reasons for the appearance by interactive
technology.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975
c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s
2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 1Sp2011 c 11 art 2 s 1;
2019 c 33 s 1-3; 2020 c 74 art 1 s 1; 2021 c 14 s 5
13D.021 MEETINGS DURING PANDEMIC OR CHAPTER 12 EMERGENCY.
Subdivision 1.Conditions.A meeting governed by this section and section 13D.01, subdivisions 1, 2,
4, and 5, may be conducted by telephone or interactive technology so long as the following conditions are
met:
(1) the presiding officer, chief legal counsel, or chief administrative officer for the affected governing
body determines that an in-person meeting or a meeting conducted under section 13D.015 or 13D.02 is not
practical or prudent because of a health pandemic or an emergency declared under chapter 12;
(2) all members of the body participating in the meeting, wherever their physical location, can hear one
another and can hear all discussion and testimony;
(3) members of the public present at the regular meeting location of the body can hear all discussion
and testimony and all votes of the members of the body, unless attendance at the regular meeting location
is not feasible due to the health pandemic or emergency declaration;
(4) at least one member of the body, chief legal counsel, or chief administrative officer is physically
present at the regular meeting location, unless unfeasible due to the health pandemic or emergency declaration;
and
(5) all votes are conducted by roll call, so each member's vote on each issue can be identified and
recorded.
Subd. 2.Members are present for quorum; participation.Each member of the body participating in
a meeting by telephone or interactive technology is considered present at the meeting for purposes of
determining a quorum and participating in all proceedings.
Subd. 3.Monitoring from remote site.If telephone or interactive technology is used to conduct a
meeting, to the extent practical, the body shall allow a person to monitor the meeting electronically from a
remote location.
Subd. 4.Notice of regular and all member sites.If telephone or interactive technology is used to
conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting
location, of the fact that some members may participate by telephone or interactive technology, and of the
provisions of subdivision 3. The timing and method of providing notice is governed by section 13D.04.
Subd. 5.Public comment period during health pandemic or emergency.If attendance at the regular
meeting location is not feasible due to the health pandemic or emergency declaration and the public body's
practice is to offer a public comment period at in-person meetings, members of the public shall be permitted
to comment from a remote location during the public comment period of the meeting, to the extent practical.
History: 2007 c 110 s 1; 2021 c 14 s 6
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13D.03 CLOSED MEETINGS FOR LABOR NEGOTIATIONS STRATEGY.
Subdivision 1.Procedure.(a) Section 13D.01, subdivisions 1, 2, 4, 5, and section 13D.02 do not apply
to a meeting held pursuant to the procedure in this section.
(b) The governing body of a public employer may by a majority vote in a public meeting decide to hold
a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments
or discussion and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25.
(c) The time of commencement and place of the closed meeting shall be announced at the public meeting.
(d) A written roll of members and all other persons present at the closed meeting shall be made available
to the public after the closed meeting.
Subd. 2.Meeting must be recorded.(a) The proceedings of a closed meeting to discuss negotiation
strategies shall be tape-recorded at the expense of the governing body.
(b) The recording shall be preserved for two years after the contract is signed and shall be made available
to the public after all labor contracts are signed by the governing body for the current budget period.
Subd. 3.If violation claimed.(a) If an action is brought claiming that public business other than
discussions of labor negotiation strategies or developments or discussion and review of labor negotiation
proposals was transacted at a closed meeting held pursuant to this section during the time when the tape is
not available to the public, the court shall review the recording of the meeting in camera.
(b) If the court finds that this section was not violated, the action shall be dismissed and the recording
shall be sealed and preserved in the records of the court until otherwise made available to the public pursuant
to this section.
(c) If the court finds that this section was violated, the recording may be introduced at trial in its entirety
subject to any protective orders as requested by either party and deemed appropriate by the court.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975
c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s
2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2
13D.04 NOTICE OF MEETINGS.
Subdivision 1.Regular meetings.A schedule of the regular meetings of a public body shall be kept on
file at its primary offices. If a public body decides to hold a regular meeting at a time or place different from
the time or place stated in its schedule of regular meetings, it shall give the same notice of the meeting that
is provided in this section for a special meeting.
Subd. 2.Special meetings.(a) For a special meeting, except an emergency meeting or a special meeting
for which a notice requirement is otherwise expressly established by statute, the public body shall post
written notice of the date, time, place, and purpose of the meeting on the principal bulletin board of the
public body, or if the public body has no principal bulletin board, on the door of its usual meeting room.
(b) The notice shall also be mailed or otherwise delivered to each person who has filed a written request
for notice of special meetings with the public body. This notice shall be posted and mailed or delivered at
least three days before the date of the meeting.
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(c) As an alternative to mailing or otherwise delivering notice to persons who have filed a written request
for notice of special meetings, the public body may publish the notice once, at least three days before the
meeting, in the official newspaper of the public body or, if there is none, in a qualified newspaper of general
circulation within the area of the public body's authority.
(d) A person filing a request for notice of special meetings may limit the request to notification of
meetings concerning particular subjects, in which case the public body is required to send notice to that
person only concerning special meetings involving those subjects.
(e) A public body may establish an expiration date for requests for notices of special meetings pursuant
to this subdivision and require refiling of the request once each year.
(f) Not more than 60 days before the expiration date of a request for notice, the public body shall send
notice of the refiling requirement to each person who filed during the preceding year.
Subd. 3.Emergency meetings.(a) For an emergency meeting, the public body shall make good faith
efforts to provide notice of the meeting to each news medium that has filed a written request for notice if
the request includes the news medium's telephone number.
(b) Notice of the emergency meeting shall be given by telephone or by any other method used to notify
the members of the public body.
(c) Notice shall be provided to each news medium which has filed a written request for notice as soon
as reasonably practicable after notice has been given to the members.
(d) Notice shall include the subject of the meeting. Posted or published notice of an emergency meeting
is not required.
(e) An "emergency" meeting is a special meeting called because of circumstances that, in the judgment
of the public body, require immediate consideration by the public body.
(f) If matters not directly related to the emergency are discussed or acted upon at an emergency meeting,
the minutes of the meeting shall include a specific description of the matters.
(g) The notice requirement of this subdivision supersedes any other statutory notice requirement for a
special meeting that is an emergency meeting.
Subd. 4.Recessed or continued meetings.(a) If a meeting is a recessed or continued session of a
previous meeting, and the time and place of the meeting was established during the previous meeting and
recorded in the minutes of that meeting, then no further published or mailed notice is necessary.
(b) For purposes of this subdivision, the term "meeting" includes a public hearing conducted pursuant
to chapter 429 or any other law or charter provision requiring a public hearing by a public body.
Subd. 5.Closed meetings.The notice requirements of this section apply to closed meetings.
Subd. 6.State agencies.For a meeting of an agency, board, commission, or department of the state
required or permitted by law to transact public business in a meeting:
(1) the notice requirements of this section apply only if a statute governing meetings of the agency,
board, or commission does not contain specific reference to the method of providing notice;
(2) all provisions of this section relating to publication are satisfied by publication in the State Register
or posting on the website of the agency, board, commission, or department; and
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(3) a schedule of the regular meetings shall be kept on file at the primary offices or posted on the website
of the agency, board, commission, or department.
Subd. 7.Actual notice.If a person receives actual notice of a meeting of a public body at least 24 hours
before the meeting, all notice requirements of this section are satisfied with respect to that person, regardless
of the method of receipt of notice.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975
c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s
2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 2014 c 274 s 1
13D.05 MEETINGS HAVING DATA CLASSIFIED AS NOT PUBLIC.
Subdivision 1.General principles.(a) Except as provided in this chapter, meetings may not be closed
to discuss data that are not public data.
(b) Data that are not public data may be discussed at a meeting subject to this chapter without liability
or penalty, if the disclosure relates to a matter within the scope of the public body's authority and is reasonably
necessary to conduct the business or agenda item before the public body.
(c) Data discussed at an open meeting retain the data's original classification; however, a record of the
meeting, regardless of form, shall be public.
(d) All closed meetings, except those closed as permitted by the attorney-client privilege, must be
electronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings
must be preserved for at least three years after the date of the meeting.
Subd. 2.When meeting must be closed.(a) Any portion of a meeting must be closed if expressly
required by other law or if the following types of data are discussed:
(1) data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or
maltreatment of minors or vulnerable adults;
(2) active investigative data as defined in section 13.82, subdivision 7, or internal affairs data relating
to allegations of law enforcement personnel misconduct collected or created by a state agency, statewide
system, or political subdivision;
(3) educational data, health data, medical data, welfare data, or mental health data that are not public
data under section 13.32, 13.3805, subdivision 1, 13.384, or 13.46, subdivision 2 or 7; or
(4) an individual's medical records governed by sections 144.291 to 144.298.
(b) A public body shall close one or more meetings for preliminary consideration of allegations or
charges against an individual subject to its authority. If the members conclude that discipline of any nature
may be warranted as a result of those specific charges or allegations, further meetings or hearings relating
to those specific charges or allegations held after that conclusion is reached must be open. A meeting must
also be open at the request of the individual who is the subject of the meeting.
Subd. 3.What meetings may be closed.(a) A public body may close a meeting to evaluate the
performance of an individual who is subject to its authority. The public body shall identify the individual
to be evaluated prior to closing a meeting. At its next open meeting, the public body shall summarize its
conclusions regarding the evaluation. A meeting must be open at the request of the individual who is the
subject of the meeting.
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(b) Meetings may be closed if the closure is expressly authorized by statute or permitted by the
attorney-client privilege.
(c) A public body may close a meeting:
(1) to determine the asking price for real or personal property to be sold by the government entity;
(2) to review confidential or protected nonpublic appraisal data under section 13.44, subdivision 3; and
(3) to develop or consider offers or counteroffers for the purchase or sale of real or personal property.
Before holding a closed meeting under this paragraph, the public body must identify on the record the
particular real or personal property that is the subject of the closed meeting. The proceedings of a meeting
closed under this paragraph must be tape recorded at the expense of the public body. The recording must
be preserved for eight years after the date of the meeting and made available to the public after all real or
personal property discussed at the meeting has been purchased or sold or the governing body has abandoned
the purchase or sale. The real or personal property that is the subject of the closed meeting must be specifically
identified on the tape. A list of members and all other persons present at the closed meeting must be made
available to the public after the closed meeting. If an action is brought claiming that public business other
than discussions allowed under this paragraph was transacted at a closed meeting held under this paragraph
during the time when the tape is not available to the public, section 13D.03, subdivision 3, applies.
An agreement reached that is based on an offer considered at a closed meeting is contingent on approval of
the public body at an open meeting. The actual purchase or sale must be approved at an open meeting after
the notice period required by statute or the governing body's internal procedures, and the purchase price or
sale price is public data.
(d) Meetings may be closed to receive security briefings and reports, to discuss issues related to security
systems, to discuss emergency response procedures and to discuss security deficiencies in or recommendations
regarding public services, infrastructure and facilities, if disclosure of the information discussed would pose
a danger to public safety or compromise security procedures or responses. Financial issues related to security
matters must be discussed and all related financial decisions must be made at an open meeting. Before
closing a meeting under this paragraph, the public body, in describing the subject to be discussed, must refer
to the facilities, systems, procedures, services, or infrastructures to be considered during the closed meeting.
A closed meeting must be tape recorded at the expense of the governing body, and the recording must be
preserved for at least four years.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975
c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s
2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 1999 c 227 s 22; 2002
c 379 art 1 s 5; 2004 c 276 s 1; 2004 c 290 s 18; 2007 c 110 s 2; 2007 c 147 art 10 s 15; 2008 c 335 s 1;
2010 c 365 art 1 s 8
13D.06 CIVIL FINES; FORFEITURE OF OFFICE; OTHER REMEDIES.
Subdivision 1.Personal liability for $300 fine.Any person who intentionally violates this chapter shall
be subject to personal liability in the form of a civil penalty in an amount not to exceed $300 for a single
occurrence, which may not be paid by the public body.
Subd. 2.Who may bring action; where.An action to enforce the penalty in subdivision 1 may be
brought by any person in any court of competent jurisdiction where the administrative office of the governing
body is located.
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Revisor of Statutes
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Subd. 3.Forfeit office if three violations.(a) If a person has been found to have intentionally violated
this chapter in three or more actions brought under this chapter involving the same governing body, such
person shall forfeit any further right to serve on such governing body or in any other capacity with such
public body for a period of time equal to the term of office such person was then serving.
(b) The court determining the merits of any action in connection with any alleged third violation shall
receive competent, relevant evidence in connection therewith and, upon finding as to the occurrence of a
separate third violation, unrelated to the previous violations, issue its order declaring the position vacant
and notify the appointing authority or clerk of the governing body.
(c) As soon as practicable thereafter the appointing authority or the governing body shall fill the position
as in the case of any other vacancy.
Subd. 4.Costs; attorney fees; requirements; limits.(a) In addition to other remedies, the court may
award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000 to any party in an
action under this chapter.
(b) The court may award costs and attorney fees to a defendant only if the court finds that the action
under this chapter was frivolous and without merit.
(c) A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against
any of its members in an action under this chapter.
(d) No monetary penalties or attorney fees may be awarded against a member of a public body unless
the court finds that there was an intent to violate this chapter.
(e) The court shall award reasonable attorney fees to a prevailing plaintiff who has brought an action
under this section if the public body that is the defendant in the action was also the subject of a prior written
opinion issued under section 13.072, and the court finds that the opinion is directly related to the cause of
action being litigated and that the public body did not act in conformity with the opinion. The court shall
give deference to the opinion in a proceeding brought under this section.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975
c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s
2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 2008 c 335 s 2
13D.065 USE OF SOCIAL MEDIA.
The use of social media by members of a public body does not violate this chapter so long as the social
media use is limited to exchanges with all members of the general public. For purposes of this section, email
is not considered a type of social media.
History: 2014 c 274 s 2
13D.07 CITATION.
This chapter may be cited as the "Minnesota Open Meeting Law."
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975
c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s
2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2
Official Publication of the State of Minnesota
Revisor of Statutes
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13D.08 OPEN MEETING LAW CODED ELSEWHERE.
Subdivision 1.Board of Animal Health.Certain meetings of the Board of Animal Health are governed
by section 35.0661, subdivision 1.
Subd. 2.Minnesota Life and Health Guaranty Association.Meetings of the Minnesota Life and
Health Guaranty Association Board of Directors are governed by section 61B.22.
Subd. 3.Comprehensive Health Association.Certain meetings of the Comprehensive Health Association
are governed by section 62E.10, subdivision 4.
Subd. 4.Health Technology Advisory Committee.Certain meetings of the Health Technology Advisory
Committee are governed by section 62J.156.
Subd. 5.Health Coverage Reinsurance Association.Meetings of the Health Coverage Reinsurance
Association are governed by section 62L.13, subdivision 3.
Subd. 5a.MNsure.Meetings of MNsure are governed by section 62V.03, subdivision 2.
Subd. 6.Self-insurers' security fund.Meetings of the self-insurers' security fund and its board of
trustees are governed by section 79A.16.
Subd. 7.Commercial self-insurance group security fund.Meetings of the commercial self-insurance
group security fund are governed by section 79A.28.
Subd. 8.Lessard-Sams Outdoor Heritage Council.Certain meetings of the Lessard-Sams Outdoor
Heritage Council are governed by section 97A.056, subdivision 5.
Subd. 9.Enterprise Minnesota, Inc.Certain meetings of the board of directors of Enterprise Minnesota,
Inc. are governed by section 116O.03.
Subd. 10.Minnesota Business Finance, Inc.Certain meetings of Minnesota Business Finance, Inc.
are governed by section 116S.02.
Subd. 11.Northern Technology Initiative, Inc.Certain meetings of Northern Technology Initiative,
Inc. are governed by section 116T.02.
Subd. 12.Agricultural Utilization Research Institute.Certain meetings of the Agricultural Utilization
Research Institute are governed by section 116V.01, subdivision 10.
Subd. 13.Hospital authorities.Certain meetings of hospitals established under section 144.581 are
governed by section 144.581, subdivisions 4 and 5.
Subd. 14.Advisory Council on Workers' Compensation.Certain meetings of the Advisory Council
on Workers' Compensation are governed by section 175.007, subdivision 3.
Subd. 15.Electric cooperatives.Meetings of a board of directors of an electric cooperative that has
more than 50,000 members are governed by section 308A.327.
Subd. 16.Town boards.Certain meetings of town boards are governed by section 366.01, subdivision
11.
Subd. 17.Hennepin County Medical Center and HMO.Certain meetings of the Hennepin County
Board on behalf of the HMO or Hennepin Healthcare System, Inc. are governed by section 383B.217.
Official Publication of the State of Minnesota
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Subd. 18.Hennepin Healthcare System, Inc.Certain meetings of the Hennepin Healthcare System,
Inc. are governed by section 383B.917.
Subd. 19.Real Estate Appraisal Advisory Board.Certain meetings of the Real Estate Appraisal
Advisory Board are governed by section 82B.073, subdivision 5.
History: 2012 c 290 s 64; 2013 c 9 s 2; 2013 c 108 art 1 s 67; 2018 c 173 s 1
Official Publication of the State of Minnesota
Revisor of Statutes
12MINNESOTA STATUTES 202213D.08
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Economic Development Commission Item
April 11, 2023
Subject Review and Adopt Economic Development Commission Bylaws
Section DISCUSSION / GENERAL BUSINESS ITEMS Item No: F.2
Prepared By Sam DiMaggio, Economic Development Manager File No:
SUMMARY
At the first meeting in April of each year, these bylaws shall be read and adopted by the Economic
Development Commission.
BACKGROUND
The EDC Bylaws were last updated on October 11, 2022; during which the meeting time was changed
from 7 p.m. to 5:30 p.m.
DISCUSSION
RECOMMENDATION
Staff recommends that the Economic Development Commission adopt the Bylaws for 2023.
ATTACHMENTS
EDC BYLAWS 2022
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1
BYLAWS
ECONOMIC DEVELOPMENT COMMISSION
CITY OF CHANHASSEN
The following bylaws are adopted by the Economic Development Commission to facilitate the
performance of its duties and the exercising of its functions as a commission established by the
City Council on June 10, 2019.
SECTION 1 - DUTIES AND RESPONSIBILITIES – ECONOMIC DEVELOPMENT
COMMISSION:
1.1
The Economic Development Commission shall serve as an advisory body to the City Council
with the responsibility of researching, reviewing, and making recommendations on issues related
to economic development. The Economic Development Commission will review ways in which
the city can expand existing businesses, attract desirable new business, and revitalize existing
businesses and the community as a whole. All final decisions are to be made by the City
Council.
1.2
The Economic Development Commission shall prepare an annual report for the City Council
detailing the community development activities of the past year. The report will also provide a
summary of residential and commercial construction activities and outline the progress that has
been made toward achieving the goals of all strategic plans.
1.3
The Economic Development Commission shall review the Comprehensive Plan and have an
understanding of the impacts the Comprehensive Plan has on economic development and
commercial/industrial land uses. In addition the Economic Development Commission will
review zoning ordinance changes that could impact businesses (commercial, industrial, and
mixed-use districts) and all other studies that have an impact on local businesses.
1.4
The Economic Development Commission shall review fee policies as they relate to businesses.
1.5
The Economic Development Commission shall review and consider new or revised approaches
to the city’s Economic Development policy.
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1.6
The Economic Development Commission will review TIF and Tax Abatement applications
approved by city council.
1.7
The Economic Development Commission shall review grant applications approved by city
council and provide support where needed.
1.8
The City Council at its discretion will set agenda items and goals as deemed necessary by the
City Council.
SECTION 2 - MEETINGS:
2.1 - Time
Regular meetings of the Economic Development Commission shall be held on the second
Tuesday of each month at 7:00 p.m. at the City Council Chambers, 7700 Market Boulevard,
unless otherwise directed by the Chairperson, in which case at least 24 hours’ notice will be
given to all members. All unfinished business will be carried over to the next regular Economic
Development Commission meeting.
When the regular meeting day falls on a legal holiday, there shall be no Economic Development
Commission meeting.
2.2 - Special Meetings
Special meetings shall be held upon a call by the Chairperson or any other member with the
concurrence of two other members of the Economic Development Commission, and with at least
48 hours of notice to all members. Notice of all special meetings shall also be posted on the
official city bulletin board.
2.3 - Attendance
Economic Development Commission members shall attend not less than seventy-five (75%)
percent of all regular and special meetings held during a given (calendar) year, and shall not be
absent from three (3) consecutive meetings. Failure to meet this minimum attendance
requirement will result in removal from the Economic Development Commission.
SECTION 3 - COMMISSION COMPOSITION, TERMS AND VACANCIES:
3.1 - Composition
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The Economic Development Commission shall consist of five (5) voting members. Five (5)
members shall be appointed by the City Council and may be removed by the City Council. All
members of the Economic Development Commission will have resided or owned a business a
minimum of two years in the City of Chanhassen.
3.2 - Terms and Vacancies
The City Council shall appoint five (5) members for staggered 3-year terms expiring on March
31 of each year. Vacancies during the term shall be filled by the City Council for the unexpired
portion of the term. All members shall serve without compensation.
3.3 - Quorum
Three Economic Development Commission members shall constitute a quorum for the
transaction of business. Whenever a quorum is not present, no final or official action shall be
taken at such meeting.
3.4 - City Council Liaison
The Mayor or his/her City Council designee shall act as Liaison and attend all Economic
Development Commission meetings when possible. The City Council Liaison will not have
voting rights.
SECTION 4 - ORGANIZATION:
4.1 –Election of Officers
At the first meeting in April of each year, the Economic Development Commission shall hold an
organizational meeting. At this meeting, the commission shall elect from its membership a
Chairperson and Vice-Chairperson. Each member shall cast its vote for the member he wishes to
be chosen for Chairperson. If no one receives a majority, voting shall continue until one member
receives the majority support. Vice-Chairperson shall be elected from the remaining numbers of
the same proceeding.
4.2 - Duties of the Chairperson and Vice-Chairperson
The Chairperson or in his absence, the Vice-Chairperson, shall preside at meetings and perform
other such duties as ordered by the Economic Development Commission. The Chairperson shall
conduct the meeting so as to keep it moving rapidly and as efficiently as possible and shall
remind members, witnesses and others to preserve order and decorum and to keep comments to
the subject at hand.
The Chairperson shall not move for action but may second motions.
SECTION 5 - PROCEDURE:
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5.1 - Parliamentary Procedure
Parliamentary Procedure governed by Roberts Rules of Order Revised, shall be followed at all
regular meetings. At special work session meetings, and when appropriate, the Economic
Development Commission may hold group discussions not following any set parliamentary
procedures except when motions are before the Economic Development Commission.
SECTION 6 - MISCELLANEOUS:
6.1 - Economic Development Commission Discussion
a.Matters for discussion, which do not appear on the agenda, may be considered and
discussed by the Economic Development Commission under the On-going Items section.
b.Matters which appear on the agenda as open discussion items will not be recorded as
minutes.
6.2 - Suspension of Rules
The Economic Development Commission may suspend any of these rules by a unanimous vote
of the members present.
6.3 - Amendments
Amendment of these bylaws may be made only by the City Council.
6.4 - Review
At the first meeting in April of each year, these bylaws shall be read and adopted by the
Economic Development Commission.
Chairperson:__________________________________Date: _______________________
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Economic Development Commission Item
April 11, 2023
Subject Election of Chair & Vice Chair
Section DISCUSSION / GENERAL BUSINESS ITEMS Item No: F.3
Prepared By Sam DiMaggio, Economic Development Manager File No:
SUMMARY
At the first meeting in April of each year, the Economic Development Commission shall hold an
organizational meeting. At this meeting, the commission shall elect from its membership a Chair and
Vice Chair. Each member shall cast its vote for the member he or she wishes to be chosen for Chair. If
no one receives a majority, voting shall continue until one member receives the majority support. Vice
Chair shall be elected from the remaining numbers of the same proceeding.
BACKGROUND
Members: Eric Anderson, Chris Freeman, Stacy Goff, Luke Bame, and Duke Zurek.
DISCUSSION
The Chair, or in his or her absence, the Vice Chair, shall preside at meetings and perform other such
duties as ordered by the Economic Development Commission.
RECOMMENDATION
The Economic Development Commission shall elect a Chair and Vice Chair of the commission.
ATTACHMENTS
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